The MTN mPulse Hackathon (the “Competition”) is a Competition with a theme, beyond Covid-19, where young adults who are passionate about making a difference, build innovative COVID-19 related solutions that:
The Content submitted will be evaluated by a panel of judges, who will select and collate the best of the Entries received based on set criteria to be provided by MTN Nigeria Communications Plc (“MTN”). See below for the complete details.
In this Terms and Conditions (“Terms”), where the context so admits:
“Designated Online Platform” shall refer to the MTN mPulse website www.mtnonline.com/mpulse “Entry/Entries” shall refer to a Content uploaded by a Participant on the mPulse website in the following formats: mobile informative games / applications (Apps) and web applications (websites) that align with the Theme
“Theme” means beyond COVID-19
“MTN/We/Us” shall refer to MTN Nigeria Communications Plc;
“Participant(s)” shall refer to every eligible individual in primary or secondary school between the ages of nine (9) to nineteen (19) years in Nigeria who indicates interest and participates in the Competition. Employees and relatives of MTN, and Employees and relatives of MTN’s Partners and Vendors are prohibited from participating in the Competition;
“Parties” shall refer to MTN Nigeria Communications Plc and the Participant(s) together; and
“Party” shall refer to MTN Nigeria Communications Plc and each Participant individually.
“Personal Information” shall refer to any information relating to an identified or identifiable natural person, including those identified under clause 10 and as defined under the Nigerian Data Protection Regulation;
“You/Your” may also be used to refer to a Participant.
These Terms set out the contractual framework for participation at the different levels of the Competition from the selection process to when the winners are announced. Once accepted, it becomes a binding agreement between a Participant and MTN.
In order to participate in the Competition, You agree to these terms and conditions. You accept that you have read these Terms prior to submitting Your Entry to ensure You understand and You agree to be bound by these Terms. You agree that the submission of an Entry in the Competition constitutes Your acceptance of these Terms. These Terms form a binding legal agreement between You and MTN with respect to the Competition. All requirements within these Terms will be strictly enforced.
These Terms shall be read in conjunction with all official information about the Competition on MTN’s website and MTN mPulse website (the “Website”) as well as any MTN designated online platform. These Terms shall supersede any conflicting information on the Website or MTN designated online platform.
The Competition shall commence on 15th November, 2020 and ends on 20th February, 2021 (“Competition Period”).
To participate in the Competition, visit the Website during the Competition Period and follow the instructions for submitting the Content.
All Entries shall be reviewed by a panel of judges together with MTN representatives. The top ten (10) Entries during the Competition Period shall be invited for an online event where they would be required to present a demo of their demo, and a pitch of the problem their solution solves.
The top five (5) Participants shall receive an amount as shall be determined by MTN in its sole discretion.
Entries are void if they are in whole or part illegible, inaccessible or partially accessible, inaudible or partially audible, incomplete, altered, counterfeit, or submitted late. During the Competition Period, MTN, its agents, and/or the judges will be evaluating each Entry to ensure that it meets MTN’s requirements. MTN reserves the right, in its sole discretion, to disqualify Your Entry. You shall be required to sign and return a Parental Consent and Release Form and provide any additional information that may be required by MTN at any time. If requested, You shall provide any such required document within three (3) days following a request by MTN, otherwise, You will be deemed to have withdrawn Your Entry.
By submitting a Content or Entry in this Competition, You warrant and represent that You own all of the intellectual property and proprietary rights in and to the Content. You indemnify MTN and its partners from any claims and liability whatsoever and howsoever arising in connection with an allegation of or actual breach of intellectual property or other proprietary rights to the Content.
The Participants shall retain ownership and control of the Content. Each Participants shall regulate the Content via a play store account set up in the Participant’s name. The Participants undertakes to constantly update, debug, upgrade, and refine (“Updates”) their Content for the duration that their Content are hosted on the MTN mPulse site. All updates made by the Participants shall be supervised by a designated MTN technical staff.
Unless otherwise expressly stated herein, each Party shall retain their intellectual property relating to this Competition and nothing herein shall constitute a transfer of intellectual property between the Parties,
The Competition, the Website, the features within the Website and the Designated Online Platform, all related trademarks, logos, taglines, trade names, copyrights and all intellectual property and features within the Competition are protected by intellectual property rights belonging to MTN or to our licensors. No license is granted to You in respect of any of these, except to the extent required for Your personal use of the Website or for submitting an Entry, in accordance with these Terms. MTN and any other MTN product are trademarks of MTN and You shall not be entitled to reproduce such marks without MTN’s prior written consent.
The Personal Information collected by MTN shall be used for identifying you as a Participant during the Competition as may be applicable, to facilitate appropriate profiling and engagements with the Participants during the Competition, for statistical purposes, contact purposes, and other ancillary purposes as well as in any other circumstance as prescribed by law or further to the purpose of MTN’s telecommunication business.
Participant also unequivocally consents to and grants MTN right to use such Personal Information to verify the Participant’s identity, and telephone number whenever required in the course of the Competition.
Participants completely excludes and indemnifies MTN from any claims and liability whatsoever and howsoever arising in connection with malfunction of the entire Competition portal/channel or any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed Entry materials or Personal Information, due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet during the Competition, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit your ability to participate.
Every information, content, event, performance or incident related to this Competition (“Confidential Information”) shall be treated with outmost secrecy and confidentiality by the Participant. Except where authorized by MTN in writing, no Participant shall disclose such Confidential Information) to any third party whatsoever.
Where Confidential Information is released to or accessed by any Participant in accordance with the requirement under this clause, such Participant shall take all reasonable precautions to preserve the integrity and prevent any corruption or loss, damage or destruction of any data and Confidential Information; except upon the prior written authorization of MTN.
The provision of this clause 10 shall continue to apply even after the cancellation or completion of the Competition. The Participant shall erase or cause to be erased all Confidential Information and data released to or accessed by the Participant. The Participant shall provide a written confirmation of the aforementioned deletion to MTN.
Additionally, if so required by law or valid legal or regulatory process, the Participant may disclose such Confidential Information, but only following notice by the Participant to MTN of the requirement to disclose and reasonable cooperation with any attempt by MTN to maintain the confidentiality of such Confidential Information.
You warrant that Your Content is/are Your own original work and, as such, You are the sole and exclusive owner and rights holder of the submitted Content and that You have the right to submit the Content in the Competition and grant all required licenses. You agree not to submit any Content that (1) infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret, privacy, publicity or confidentiality obligations; or (2) is already submitted, for whatsoever purpose, to a competitor of MTN; or (3) otherwise violates the applicable state, federal, local or provincial law.
To the maximum extent permitted by law, You indemnify and agree to keep indemnified MTN and its affiliates at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from Your actions, default or omission and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, You agree to defend, indemnify and hold harmless MTN and its affiliates from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any Content or other material uploaded or otherwise provided by You that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by You in connection with the Competition; (c) any non-compliance by You with these Terms; (d) claims brought by third parties arising from or related to Your involvement with the Competition; (e) misuse or participation in any Competition-related activity or participation in this Competition; (f) any malfunction or other problem with the Website or Designated Online Platform arising from your misuse of the Website; or (g) any error in the submission of Entry information. You further indemnify MTN and its officers, directors, employees, servants, agents or contractors or other persons against any loss, damage, liability, claim or demand by third parties in relation to Your breach of these Terms.
Any false information provided within the context of the Competition by You concerning identity, mailing address, telephone number, email address, ownership of right or non-compliance with these Terms or the like may result in Your immediate elimination from the Competition.
MTN and its affiliates are not responsible for any malfunction of the entire Competition portal/channel or any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed Content or Entry materials due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet during the Competition or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit Your ability to participate.
MTN shall not accept Content submissions that contain, promote, display or provide a link to adult content, pornographic material, graphic or gratuitous violence, or content of a nature that MTN in its sole discretion consider to be defamatory, inaccurate, abusive, obscene, violent, profane, threatening, harassing, racially offensive, culturally and/or politically intolerant, discriminatory, that infringes or violates a third party’s rights and/or relates to or promotes any activity of a criminal nature, directly affiliated or a representation of a political party or persona, conspicuous advertisement of a product and service, prejudicial or discriminatory in nature, or Content that may bring MTN’s name and/or brand and/or products or services into disrepute. Furthermore, You shall not include cutouts or any parts from third party videos, or third party sound tracks. Your Content should also not contain any viruses or programming that would cause harm to the Website or the MTN network in any manner.
You understand and accept that the submission of any unacceptable Content shall be a ground for Your automatic disqualification from the Competition.
If for any reason the Competition is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Competition, MTN reserves the right at its sole discretion to cancel, terminate, modify or suspend the Competition. MTN further reserves the right to disqualify any Participant who tampers with the submission process or any other part of the Competition or the Website. Any attempt by a Participant to deliberately damage the Website, or undermine the legitimate operation of the Competition is a violation of criminal and civil laws and should such an attempt be made, MTN reserves the right to seek damages from any such Participant to the fullest extent of the applicable law.
These Terms shall be governed by, subject to, and construed in accordance with the laws of the Federal Republic of Nigeria.
In the event of a dispute or conflict between the Parties in connection with or in relation to the Competition, these Terms or its performance, such dispute shall first be amicably settled as soon as possible at the senior management level of MTN by representatives of both Parties. All such representatives of the Parties shall be referred to as ‘Settlement Nominees’ and the period agreed on for such discussion shall be referred to as “Period of Discussion”.
If the dispute is not resolved by formal negotiation as stated above within fourteen (14) Business Days of the notice of dispute, the dispute shall be referred to mediation. The mediation shall be conducted by a CEDR UK accredited mediator or any other equivalent accredited mediator to be appointed by the Parties. The Lagos Multi-Door Court House Model Procedure Rules 2007 shall apply. For the avoidance of doubt, in the event that the Parties are unable to agree on the appointment of a mediator within one (1) month, the Parties shall proceed to litigation as stated above.
In the event the dispute is still not resolved after fourteen (14) Business Days of its being referred to mediation as specified above, each Party irrevocably agrees that the dispute shall be finally resolved by a Nigerian court of competent jurisdiction which shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or the Competition, its subject matter or formation.
If any of the provisions of these Terms are deemed not enforceable by law, all other provisions outlined in these Terms will still apply while the unenforceable provision will be severed herefrom.
Successful Participants shall be notified, by MTN, at each stage of the Competition. If requested by MTN, the Participant must provide any required document or information during and after the Competition Period otherwise the Entry of the Participant shall be deemed to be withdrawn.
Subject to the foregoing, MTN reserves the right to change these Terms at any time without notice. By continuing to participate in the Competition, the Participant will be deemed to have accepted these Terms & Conditions and any varied terms and conditions which may be posted on the Website or circulated by MTN. MTN reserves the right to cancel the Competition at any time for any reason whatsoever in its sole and absolute discretion without any obligation to furnish any reasons and without any obligation to You.
Except as expressly provided herein, MTN shall not be liable to any Participant for any liability or expenses, damages, or injuries suffered as a result or in connection with the Competition.
For more information about “MTN’s mPulse Hackathon”, please reach out to us on any of the following channels:
Phone number: 180
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